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06/18/1990 CITY COMMISSION WORK SESSION June 18, 1990 The City Commission of the City of Clearwater met at City Hall, with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue Berfield Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:22 a.m. and the following items were discussed. Doreen Spano, Public Works Department, was presented with the Employee of the Month award. One 25 year service pin was awarded. Authorization for Settlement - Frisby vs. City and Yukon vs. City. These two lawsuits arise from the gas explosion on May 10, 1986 at the Sun Point Place Apartments in Largo, Florida. These are wrongful death claims made by the families of the two men who died in the explosion. After years of litigation and negotiation, a tentative settlement agreement was reached prior to the recent trial of the claim of State Farm and Casualty against the City for property damage. The tentative settlement agreement calls for the City to pay a total of $340,000. Under the agreement, the City would pay $190,000 now and would agree not to object to a claims bill in the amount of $150,000. The settlement also includes a payment by the City's excess insurance company of $100,000. The City Manager, the City Attorney, Gallagher-Bassett and Mr. Zimmett, the City's attorney in this case, recommend the settlement to avoid the possibility of a large jury award. The State Farm claim was tried last week and the jury returned a verdict in favor of the City. That verdict has no effect on the claims of the families. A separate claim by Jamie Keenan for injuries suffered in the explosion has been settled for $10,000 by the City Manager. In response to the question regarding the other defendants in the case, Mr. Zimmett stated they have all settled with the families and that the total settlement in favor of the families is over $1 million. The City Manager reported he will also be requesting that the Commission ratify the $10,000 settlement to Mr. Kennan. He reported that the self-insurance fund reserve would contain $2.4 million after this settlement. Mr. Zimmett indicated the claims bill would not be filed until next April. In response to a question, Mr. Zimmett indicated that he did not anticipate State Farm appealing the court decision. Provide direction to staff regarding acceptance of Quit Claim Deed for Center Foundation property on Belcher Road to provide some relief of payment of impact fees. Construction on the Center Foundation building is almost complete. In the lease agreement, the Foundation agrees all building and other improvements which are permanently affixed to the leased property shall become the property of the CIty at the expiration of the lease which was granted in 1986 for a period of 15 years unless extended for an additional 10 years as provided in the agreement or until 2085 with the consent of the electorate. Another portion of the lease requires the Foundation to secure all necessary permits and with the exception of impact fees which must be paid by the Foundation, the City agrees to waive all fees associated with the development of the leased property during the term of the lease. At issue are $38,052 in transportation impact fees. The County transportation impact fee ordinance allows exemptions from payment of the fees for the construction of publicly owned facilities used primarily for traditional governmental purposes. The Center Foundation building has two basic components. One is the recreational aspect of the project which clearly meets the traditional governmental definition. The other is the Upper Pinellas Association for Retarded Citizens facility which probably does not meet that definition. Transportation impact fees for the recreation facilities are $22,832.00 and $15,219.00 of impact fees will be assessed for the UPARC building. The Foundation cannot receive its certificate of occupancy unless it pays the fees or deeds the facilities to the City. If the City accepts the deed, the Foundation will not be required to pay $22,833.00 in fees. If the City does not wish to accept the deed, all fees will be payable prior to the issuance of the certificate of occupancy. Michael Wright, Assistant City Manager, explained the relationship between the Center Foundation and the City stating that at the conclusion of the lease, the City will own the building. If the building is owned by the City now, there will be no impact fees assessed for that portion of the project. In response to a question, it was indicated there is no provision for waiver of the transportation impact fees but the County ordinance does allow the City not to pay them. Discussion ensued regarding whether or not the CIty wished to circumvent the transportation impact fees by accepting the deed from the Center Foundation. It was the general consensus of the Commission was to have the item brought back to them for Thursday night with the recommendation being for the City to pay the impact fees. Pinellas Trails The two segments of the proposed Pinellas Trail one which enters the City of Clearwater from the north and one which exits from the south are to be completed by April 1, 1991. These two ending points need to be connected by a route through downtown Clearwater. Numerous options have been reviewed including routes along Clearwater's Bayfront, Stevenson's Creek and other portions of the railroad right-of-way. These are not recommended due to high cost, construction obstacles and right-of-way problems. Option A is being recommended by staff. This route is located entirely east of Fort Harrison Avenue and is within the City of Clearwater. The recommendation includes changing East Avenue between Drew and Turner Streets to one-way traffic southbound. Parking and southbound traffic will remain on the west side of the railroad tracks. On the east side of the tracks, northbound traffic will be removed and replaced with the two-way bicycle route. This route will be on street with the exception of the portion that goes through Ross Norton Park and around Lake Belleview. In question at this point is whether or not we can secure a crossing from the railroad to connect the park portion of the trail to Belleview Road. In the event this crossing cannot be secured, the trail could be redirected south along the railroad right-of-way to Woodlawn Avenue and redirected from the park back to Greenwood Avenue, turning west on Woodlawn Avenue to Hamlet Avenue, and north to Hamlet to Belleview. This route takes advantage of traffic signals and stop signs. Option A is recommended by staff and is supported by the Board of Pinellas Trails, Inc. It will involve the construction of a 10 foot wide trail, 3,853 feet long through the park and two bridges to cross drainage ditches. The park and lake will be outstanding amenities to users of the trail. Pinellas County will fund trail construction after a route is selected by the City. Discussion ensued regarding this option and it was stated that there are plans to extend Myrtle Avenue requiring a crossing of a four lane road by the trail. A pedestrian crosswalk with a signal could be installed at this point. Concerns were expressed regarding the need for sidewalks along the proposed trail and whether or not it would be confusing with bicyclists going with the traffic and pedestrians walking against it. Ned Baier, Pinellas County's representative for the trail, stated he felt this is a workable solution. He stated mainly through this portion the facility will be a bicycle trail. He stated there are alot of alternatives for walkers. It was requested that information regarding the linear feet of sidewalks needed and right-of-way needed be provided for the Commission by Thursday night's meeting. Mr. Baier indicated that under the recommended option the construction could be complete by April 1, 1991. First Reading Ordinance #5005-90 - Relating to Claims and Settlements. Leo Schrader, Risk Manager, indicated the ordinance addresses three different sections of the Code: claims by the City, claims against the City and payment of claims. He stated the purpose of the ordinance is to allow staff to respond more quickly to claims and to avoid litigation. The ordinance enhances staff's ability to settle small claims for property damages. He emphasized when mediation is required, the mediator expects staff to have some authority to settle these claims. A suggestion was made that there be a Commission delegate on the claims committee. In response to a question regarding the status of the Appalachian claim on the Clearwater Pass Bridge, Mr. Schrader indicated it is still pending. Purchase of approximately 4.1 acres of land for Park Purposes for $164,000.00 from Lawrence P. Leahon to be funded from available monies in the Open Space/Recreation Land Impact Fee Trust Funds and from "Penny for Pinellas" Funds. The property recommended is located east and adjacent to existing parkland which is at the northeast corner of Betty Lane and State Street. In response to a question as to why we are purchasing this property, Art Kader, Assistant Parks and Recreation Director, stated a need for parks in this area had been identified in the City's Comprehensive Plan. A question was raised regarding the current zoning of the property and it was indicated staff would respond. Discussion ensued regarding whether or not the City wished to purchase the entire parcel which extends down to Sunset Pt Road. It was indicated that the lower portion of the property has drainage problems. It was indicated the County may be interested in purchasing this property for retention purposes. It was questioned whether or not we had spoken to the County regarding assisting in purchasing this property. It was stated that the County was not interested at this particular time. A question as raised whether or not there was a sign on the existing parkland. It was indicated there was no sign at this time. Optional Installation Methods for 3/4" and 1" Double Check Valve Backflow Prevention Devices Since the Water Division began installing double check valve backflow prevention devices on residential irrigation systems, complaints have been received about the aesthetic appearance of the devices that are installed above ground in customers yards. The Water Division is considering two optional installation methods. Option #1 would provide for aboveground installation with a custom made prefabricated fiberglass cover painted light green and installed over the device to hide all the brass fittings, valves, etc. This method installed at the customer's option would add $65.00 to the cost of the standard aboveground installation. The cover would be an aesthetic enhancement and would provide some freeze protection for the backflow prevention device. Option #2 involves a large specially ordered meter box which would allow the installation of the combined water meter and backflow preventor entirely below ground. This installation would result in two meter boxes being installed in series in a customer's yard, one for the meter and one for the backflow preventor. This option would add $110.00 to the standard installation. The cost for both options is intended to cover material and installation costs by the City. In lieu of the optional installations, the customer may prefer to opt for the standard installation presently used thus saving the optional expense. The backflow prevention device would be installed aboveground with no cover or meter box. To help this device blend in with the surroundings, future standard installations will be painted light green. Tim Hackett, Water Superintendent, reviewed the options available to the customers. In response to a question, he indicated it is permissible to plant shrubs next to the devices as long as City workers can access it for service. It was indicated these backflow devices are required only for lawn meters. In response to a question, whether or not we would require backflow prevention devices on a recycled water distribution system, it was indicated we would. A request was made the Commission be provided with information regarding the status of the water main replacement project including what phases have been completed and where phases are located. Resolution #90-31 Authorizing the execution of the Public Works Mutual Aid Agreement setting forth the terms of reference and operating procedures for the City to request assistance from or provide assistance to other political subdivisions of the State of Florida under emergency and disaster conditions. Disaster conditions caused by hurricanes and other related events frequently cause profound levels of damage to a locality's infrastructure and overwhelms the impacted community's capability to restore these systems. Massive amounts of assistance from outside the community is needed to clear roads, do emergency repairs, supply additional personnel, etc. No community including Clearwater has the ability to respond to major disaster conditions without assistance. The proposed agreement addresses such concerns as support of responding personnel, payment of services rendered, insurance indemnification and supervision and control and related problems. Having this agreement in place will avoid delay in response and clearly defines responsibilities in this situation. In response to questions, it was indicated any cost incurred by the City of Clearwater in assisting another municipality would be billed back to that municipality and vice versa. It was indicated the City would probably establish some rules of procedure to address assistance needed by municipalities not a part of this agreement. Commission recessed from 10:50 a.m. to 10:59 a.m. Conceptual approval of a Stormwater Utility Financing Plan and creation of a separate Enterprise Fund. Recent developments have identified the need for a well managed and planned stormwater program for the City of Clearwater. There is also a need for a dedicated funding source and equitable distribution of the cost for these services. The City retained Camp, Dresser and McKee, Inc. to prepare a stormwater management financial plan with the focus on a stormwater utility. The plan is to define the financial needs of the City, assess the funding sources including the revenue potential of the utility and recommend a financial plan to implement the program. The City Manager indicated this is the beginning phase of the stormwater master plan. He stated stormwater utilities are being pursued by other communities. Charles Hunsicker, Assistant City Manager, indicated the State of Florida has taken prominent role in the country regarding stormwater management. He stated the City is investigating a system that meets Clearwater's needs and economic conditions, providing for a mechanism to finance the stormwater projects other than ad valor taxes. Bill Baker, Public Works Director, indicated the stormwater system is a utility separate from the water and sewer systems. He stated in previous years, road and drainage money has been used to fund limited efforts in maintenance of the drainage system. He stated we need to address a stormwater management system in order to be responsible to the public and to meet our legal obligations. Nilo Priede of Camp, Dresser and McKee, stated stormwater quality and the pollution load that is being generated is a concern throughout the entire country. He reviewed the history of the Clean Water Act. He reviewed the permitting process that will have to be met and indicated that because of Clearwater's relationship with the County and other municipalities, we will have to be co-participants with the County. Questions were raised regarding status of the County's plan and it was indicated they were somewhat behind. Discussion ensued regarding the need to educate the public and it was indicated education will be part of the project. In response to questions, it was indicated that construction, operation and maintenance of retention ponds would be emphasized. Scott McCelland of CDM reviewed the stormwater utility concept and how it would be applied to Clearwater. Two of the enhancements included in the proposal are to add four individuals in the environmental section to deal with water quality issues and to add crews for cleaning ditches and ponds. He explained the rationale used for the funding consideration and stated they chose a typical single family unit and developed a uniform rate to be applied to various categories of development. It was emphasized there would be no exemptions from the storm utility fee and even schools, other governmental entities and non-profit entities would have to pay this fee. Concerns were expressed regarding exemptions for undeveloped land and how to handle enclaves and whether to bill property owners or tenants of rental properties. Discussion also ensued regarding billing methods whether to add to the monthly utility bills, send out annual statements or add them to the tax bill. The meeting recessed from 12:10 p.m. to 1:15 p.m. Discussion continued regarding the proposed stormwater utility. In response to questions it was indicted the proposal includes additional personnel to enhance the ability to clean and maintain ditches and ponds, expanded use of street sweeping in the residential area and an enhanced environmental program for water quality. A concern was expressed that just hiring a permanent 10 man crew for maintenance of ditches and ponds would not be sufficient and there should be a concerted effort in the beginning with additional crews to do an initial clean-up and the 10 man crew being an on-going function. Charles Hunsicker, Assistant City Manager, stated staff is proposing to collect the fee in the same manner that other utility bills are collected. Concerns were expressed regarding this method for vacant storefronts, vacant buildings, holding a tenant responsible for the bill, etc. It was indicated it would be easier to go with the current bulling system and alternatives were discussed. The suggestion was made that vacant land be billed once a year instead of the monthly utility bill as there are no other utilities on the property. In response to a question, it was indicated staff is requesting conceptual approval from the Commission at Thursday night's meeting. Mr. Baker indicated that staff is attempting to establish a higher level of service on a daily basis and that this will not be just water quality oriented, it will solve some drainage problems, provide environmental enhancements, higher maintenance and provide pollution abatement program. Funding for Florida Orchestra During the service options portion of the budget process, the Commission requested specific information regarding how the City contribution of $10,000 is spent to support the activities of the Florida Orchestra. Management officials of the Florida Orchestra indicate the City's $10,000 contribution would be used as a general operating grant to support various Florida Orchestra performances already scheduled in Clearwater. Florida Orchestra has also indicated it would be able to provide an orchestra under the auspices of the Florida Orchestra at a cost of $20,000 at the July 4th festivities in Coachman Park. Questions were raised whether or not the Orchestra charges for its functions at Ruth Eckerd Hall and it was requested that a representative of the Orchestra be present at Thursday night's meeting. Letter of Agreement for Legal Services John Foley has filed a petition, requesting that an administrative hearing pursuant to Chapter 120.57 of the Florida Statutes be held, challenging the Department of Environmental Regulation's intent to issue a permit for the management and storage permit for the Stevenson's Creek project. The City will need legal representation with special expertise in dredge and fill permitting. Staff is recommending we engage the services of Delapart and Gilbert for this legal expertise. Questions were raised regarding why we need outside counsel and it was explained there are complex questions regarding compliance with DER's regulations and there is extensive trial preparation needed. The City Attorney indicated while he would be able to provide the legal expertise, it would take up an inordinate amount of his time. The City Manager indicated this is a special issue and it was felt the outside counsel is needed. Receipt and Referral of the Bi-annual Amendments to the City's Comprehensive Plan Jim Polatty, Planning and Development Director, reviewed the changes stating that many of them are typographical and grammatical changes. Discussion ensued regarding the City's Plan corresponding to the County's plan and it was indicated there is currently 75 differences in those plans. It was indicated the City is working on an interlocal agreement with the County. In response to questions regarding implementation of the Commission's policy regarding not accepting annexations for property that will not conform to City Code, it was indicated we are receiving site plans at an early stage before people who will need sewer and therefore need to annex get to far along in their project. The meeting recessed from 2:50 p.m. to 2:55 p.m. Second Reading of Ordinances - Ordinance 5004-90 - Flood Protection The City Attorney indicated he has sent a copy of the proposed ordinance to the Federal Emergency Management Agency and there have been no objections received. In response to a question, it was indicated the Pinellas County Construction Licensing Board requirements also impose the 50% cap for the life of the structure for barrier islands. It was indicated historic buildings were exempt from the 50% cap. A question was raised whether or not an amendment would be needed to replace this exception in our Code. Concerns were expressed that the City of Clearwater is being singled out as there are other coastal communities that are not meeting the 50% cap for the life of the structure for barrier islands. Resolution 90-30 - Recognizing Clearwater Health Facility's Authority Action Allowing the CIty of Hialeah to Issue Bonds for the Purchase of Drew Village Nursing Home. Michael Wright, Assistant City Manager, explained the Clearwater Health Facility Authority has been involved for several months with a non-profit organization that is wishing to purchase several nursing homes within the State of Florida. He stated they have come to a solution of having one city issue bonds for the purchase of all the facilities including the one in Clearwater. The City of Hialeah has agreed to issue these bonds, however, it is necessary for the Commission to confirm the Health Facility Authority's action approving this financing. Verbal Reports The City Manager reported there will be a transportation summit at 5:00 p.m. on June 22nd and the Clearwater Beach Task Force will have its first meeting on June 18, 1990 at 7:00 p.m. He requested the Commission set a special meeting to set the trim millage rate. The consensus is to have a special work session at 10:00 a.m. on July 10th to go over the recommended budget and the special meeting to set the trim millage rate be set for 9:00 a.m. on July 16th, immediately preceding the regularly scheduled work session. Other Commission Action The Mayor questioned whether or not the sub-lessees of the Howard Johnson's property had changed. The City Attorney indicated while he did not all the facts as of yet, it would appear that the corporation that has subleased the property from the Marriott Corporation has been sold. The Mayor also expressed concern regarding street signs within the City of Clearwater indicating that there are still two miles before entering Clearwater. It was requested that this be investigated. The meeting adjourned 3:25 p.m.